Translation of "Invalid patent" in German

For the time being national courts can declare invalid every patent granted by the EPO.

The trial judge declared the patent invalid, inter alia for lack of inventive step.

The court thus declared the patent invalid in its entirety.

If the Patent Office declares the patent invalid, the patentee may appeal to the Patent Court.

As an alternative, it could be laid down that national courts - competent to judge in the matter of infringements - can declare a Community patent invalid (when subject to a counterclaim for revocation) subject to the condition that the revocation would be suspended until confirmed by an appeal court.

Under the highly complex judicial system, national judges would have been able to declare a Community patent invalid with effect for the entire territory of the Community.

In practice, such situations are not likely to be common, given that it is the Community courts which will also impose damages for infringement and declare the Community patent invalid.

The case was legally resolved on October 19, 1973 when U.S. District Judge Earl R. Larson held the ENIAC patent invalid, ruling that the ENIAC derived many basic ideas from the Atanasoff–Berry Computer.

Under these circumstances, the conditions were lacking to declare the patent invalid on the basis of lack of inventive step.

Given that the Court considered Doebros's patent invalid, it could see no reason to stay the proceedings.

Reversing the judgments of the lower courts, the Supreme Court confirmed the novelty of the invention, but declared the patent invalid for lack of inventive step.

It was well established that there was no statutory obligation to provide specific examples, and their absence was not enough in itself to render a patent invalid.

The judge had held the patent invalid on the grounds of obviousness and because the claims were not entitled to the priority claimed.

On the contrary, the procedural system of the EPC does not allow room for the concept of retrospectively "invalid" patent applications or patents.

Meanwhile - five years and remarkable legal expenses later - the US Patent and Trademark Office (PTO) has declared the patent invalid.

The retroactive effect of the invalidity of the patent shall not affect:

The aim of this practice was obviously to prevent that invalid European patents were maintained.

In return Mayo counterclaimed invalidity of the patent.

One of the problems identified with regard to patent pools is the risk that they shield invalid patents.

The rule shall, of course, not apply if the court having jurisdiction has invalidated the patent.

Cases on the invalidity of patents, on interventions against patents and on compulsory licences are decided by the courts.

The aim of first-instance proceedings was to avoid invalid patents.

The crucial point is not to equate "bad" software patents with mistaken or invalid software patents.

The crucial point is not to equate “bad” software patents with mistaken or invalid software patents.

Apotex opposed the attack, inter alia, with an action for invalidation of the patent.

If the grounds for invalidity affect the patent only partially, invalidity shall be pronounced in the form of a corresponding limitation of the patent.

This provision stipulates that the centralised court may not only establish, for example, the fact of infringement or invalidity of the patent and impose sanctions, but may also order compensation for damage suffered.

The reason for this is that defendants in infringement actions almost always make a claim of patent invalidity as a means of defence.

Once the nine-month opposition period has ended, third parties wishing to challenge the validity of a European patent have to institute revocation proceedings in each country in which they wish to invalidate the European patent.

This second language is chosen for any procedures relating to opposition to, expiry or invalidation of the patent.